1
3
Aasendesent of usadou 20.
Evasion of Liability by deception. 1978 - 31.
Making off withool EMEALWAYSUCTILE 1978 c. 31. *. 1.
4.
(3) For the purposes of this section, "deception" has the same meaning as in section 17.
188. (1) Subject to subsection (2), where a person by any deception (whether or not such deception was the soft or main inducement)-
(e) dishonestly secures the remission of the whole or part of any existing liability to make a paymear, whether his own liability or another's;
(b) with intent to make default (whether the default is permanent or otherwise) in whole or in part on any existing liability to make a payment, or with Interit to let another do so, dishonestly induces the creditor or any person claining payment on behalf of the creditor to wait for payment (whether or not the due date for payment is deferred) or to forgo payment; oT
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(c) dishonestly obtains any exemption from or abule-
ment of liability to make a payment, //
he shall be guilty of an offchce and shall be liable ou conviction upos fudictment to imprisonmasat for 10 years.
(2) For the purposes of this section "liability“ means legally enforceable liability; and subsection (1) sball not apply in relation to a liability that has not been accepted or established to pay compensation for a wrongful act of
omission.
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(3) For the purposes of subsection (1)&) a person in- duced to take in payment a cheque or other security for money by way of conditional satisfaction of a pre-existing liability is to be treated not as being paid but as being induced to wail for payment.
(4) For the purposes of subsection (IXC) "obtains" includes obtaining for another or enabling another to obtain. (5) For the purposes of this section. "deception" has the same meaning as in section 17.
18C (1) Subject to subsection (3), a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dis honestly makes off without having paid as required or expected and with intent to avoid payment of the amount duc shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 3 years.
(2) For the purposes of this section "payment on the apat" includes payment at the time of collecting, goods on which work has been done or in respect of which service has been provided.
(3) Subsection (1) shall not apply where the supply of The goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.".
Section 2001) of the principal Ordinance is amended by inserting after "18" the following-
+
" 18A, 18B".
5.
Section 29(6) of the principal Ordinance is amended -
(a) by deleting "In any proceedings for obtaining properly or pecuniary advantage by deception under section 17 or 18" and substituting the following-
"To any proceedings for an offence under section 17, 18, 18A or 18B"; and
(5) by deleting paragraph (4) and substituting the following—
"(e) buy person who--
O obtains property, pecuniary advantage or services by means of a cheque or other bill of exchange which is refused payment upon presentation on or after becom~ ing due shall, until the contrary is proved, he deemed to have obtained the property, pecuniary advantage or services with knowledge that such cheque or other bill of exchange would not be honoured; or
(i) evades liability to make a payment by means of a cheque or other bill of exchange which is refused pay- meat upon presentation on or after becoming due shall, until the contrary is proved, be deemed to have evaded the liability to make a payment with knowledge that such cheque or other bill of exchange would not be honoured;".
The Schedule to the principal Ordinance is amended-
(a) by deleting item 1 nod substituting the following-
"1. Theft (section 9).
(1) Taking DONYCYANCE
authority (pection 14).
without
(ii) Obtaining property by decep-
tion (section 17)
(iii) Obtaining pecuniary advantage
by deception (section 18).
(iv) Obtaining services by decep-
tion (section 18A).
(v) Evasion of liability by decep-
tion (section 18B),
(vi) Making off without payment
(Section 180).
(vii) False accounting (section 19). (vii) Handling stolen goods (sec-
tion 24),
(ix) Going equipped for stealing
(section 27).";
(A) by deleting item 7 and substituting the following-
**T
Obtaining property
by deception
(section 17).
Theft (section 9).
(0) Oblaining pecuniary advantage
by deception (section 18).
(H) Obmining services by decep-
tion (section 18A)
(iv) Evasion of liability by decep-
tion (section 188).
(v) Making off without payment
(section 18C).
CADOUMERE DE
redoo 19.
Amcadical of Schedule.